Saturday, July 14, 2018

Influence of Law and Ethics in Practice



Erich, et al (2011) propose a process which helps stakeholders to work through an ethical dilemma.  This includes 
  1. Identifying the critical incident, the trigger;
  2. The forces which impact on decision-making;
  3. The values, beliefs, and ethical orientations of each individual involved;
  4. A choice (this could involve action or not)
  5. The implications for the individual, organisation and the community created by the action or non-action

Erich et al, 2011


It is interesting that, after going though this process, the implications could be that another ethical dilemma could arise.  This indicates that ethical dilemma are ongoing and can trigger other dilemmas, perhaps with different individuals or other parts of the community.

Example from own practice

The Dilemma/Trigger:
Two girls in the school (one year 8, one year 5) had been on and off friends for some time.  There had been incidences of bullying at school and online.  Recently, the girls relationship soured again and they had to be restrained from fighting in the playground.  As a consequence, the girl's parents had to be contacted - it was at this point that the mother of the younger girl mentioned she had been contacted by the older girl in what she believed was an inappropriate way.  We also discovered that the older girl's aunt had verbally abused the younger girl after school the day before.  

The Forces which Impact on Decision Making:
The stakeholders in this dilemma were (a) the girls, (b) their respective parents, (c) the classroom teachers of the girls, (d) the management of the school.

The school needed to take care that they dealt with all parties in a fair and equitable manner, listening to the concerns of all parties.  We also had to take into account the ongoing school relationship of the girls and how their day to day interactions going forward could be managed.

The mother who had received the messages from the older girl was happy to share these with the school, and did admit that if she had not replied to the messages, then perhaps things might not have escalated further.

The Values, Beliefs and Ethical Consideration of all Parties:
Each parent believed that their child was in the right.  As stated earlier, there had been previous interactions between the girls but unfortunately their stories did not match up.  Both sets of parents were very vocal about their opinions of the other girl.  The school had to take care to ensure both parties stories were heard and valued, while trying to get to the bottom of the issues.  At this point both mothers were happy to keep in contact with the school.

The Choice
The school kept both parties informed of what was happening and had been discussed and disclosed, this included the messages from the older girl to the younger girl's mother.  A plan was discussed with the younger girl and her mother to build friendships with other children her age, so that she had other children to play with, and also how to handle situations that occurred with the older girl if things soured again in the playground.  The school also advised the older girl's mother that a family member had verbally abused the younger girl in the school playground.  

Implications for Individuals, the School and the Community
After the mother of the older girl was informed of the messages sent to the other mother, and also of a family member being verbally abusive on school grounds, she declined to discuss the matter further.  This makes it difficult for the school in (a) solving the problem to everyone's satisfaction and (b) keeping a good relationship with families in our community.
In future, perhaps it would be better to get all parties into the school to discuss a situation like this together, rather than relying on telephone conversations or an opportunity to only meet with one of the parties involved.

Ehrich, L. C. , Kimber M., Millwater, J. & Cranston, N. (2011). Ethical dilemmas: a model to understand teacher practice, Teachers and Teaching: theory and practice, 17:2, 173-185, DOI: 10.1080/13540602.2011.539794

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